'Not Totally Surprised': Lawmakers React To OK Supreme Court Ruling On Two Abortion Laws

The Oklahoma Supreme Court handed down a ruling today declaring two abortion laws unconstitutional. 

RELATED: Oklahoma Supreme Court Rules Abortion Laws Unconstitutional

In a 6-3 decision, the court's ruling overturns two laws from the 2022 legislative session; however lawmakers say it doesn’t change anything with abortion access in the state. The two laws in question are SB 1503, which bans abortion after a heartbeat is detected and HB 4327, which was a total ban on abortions.

Representative Jim Olsen, a Republican from District 2 said he’s "not totally surprised.” 

He said this is similar to what happened back in March. 

"It was legally and constitutionally wrong to the court a couple of months ago to strike down SB 612 and it is wrong for them to strike down 4327 and 1503 as well," Olsen said. 

Senate Pro Tem Greg Treat released a statement that can be read below, but he said in part that "...it remains illegal to get an abortion in Oklahoma, unless it is to save the life of the mother..."  

"However, what is concerning going forward is the trend,” said Rep. Olsen. “That they're going to find rights to get closer to an all-out, wide open abortion on demand." 

"Our goal in Oklahoma is always to restore abortion access for all Oklahomans," said Zack Gingrich-Gaylord with I Trust Women.  

He said the ruling is a step in the right direction. 

"These laws have already caused so much harm to so many Oklahoma families over just the past year," he said. 

Gingrich-Gaylord said he hopes the ruling shifts focus back to open communication about life saving care for pregnant women. 

“It’s always been about politics,” he said. “You know some people don't want people to be able to access reproductive care." 

Planned Parenthood sent News 9 a statement saying "doctors should be able to use their own medical judgment on whether to provide an abortion." 

Governor Stitt also weighed in, and said "I will continue to do my part to fight to protect the rights of the unborn." 

Below are the full statements that News 9 has received from the governor, lawmakers and various organizations regarding the Oklahoma Supreme Court's ruling Wednesday. 

Governor Stitt: 

"I again wholeheartedly disagree with the Oklahoma Supreme Court’s use of activism to create a right to an abortion in Oklahoma. This court has once more over-involved itself in the state's democratic process, and has interceded to undo legislation created by the will of the people. I agree with Justice Rowe’s dissent, 'The issues presented in this matter are political questions, which are better resolved by the people via our democratic process.'" 

"As governor, I will continue to do my part to fight to protect the lives of the unborn. From the moment life begins at conception, we have a responsibility to do everything we can to protect that baby's life and the life of the mother. Oklahoma will keep working to be the most pro-family state in the nation.” 

Planned Parenthood Great Plains: 

“Today, the Oklahoma Supreme Court struck down two citizen-enforced abortion bans mirroring Texas’ S.B. 8. The two copycat bans were passed in 2022 before Roe v. Wade was overturned. While abortion remains largely unavailable in Oklahoma and the state’s pre-Roe ban remains in effect, today’s ruling ensures that Oklahoma's vigilante bans cannot hold doctors back from providing life-saving care.   

In its ruling, the Oklahoma Supreme Court reaffirmed its recent decision recognizing the right to abortion in life-threatening situations. In doing so, the court struck down the two citizen-enforced abortion bans, finding that they could prevent care in such circumstances and thus violate the state constitution. This decision recognizes that doctors should be able to use their own medical judgement on whether to provide an abortion when a patient’s life is at risk without waiting until their life is in imminent danger. A recent study found that there wasn’t a single hospital in Oklahoma that could articulate clear policies for emergency abortion care.  

The organizations fighting these laws include the Center for Reproductive Rights, Planned Parenthood Federation of America, and Blake Johnson, on behalf of the Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, Dr. Alan Braid, Planned Parenthood Great Plains, and Planned Parenthood of Arkansas and Eastern Oklahoma.” 

Senate Pro Tem Greg Treat: 

“The court’s ruling today has little to no impact regarding abortion in Oklahoma. The ruling has no authority over Oklahoma’s criminal penalties for doctors who perform an abortion. After the U.S. Supreme Court accurately ruled in 2022 there is no constitutional right to an abortion in the United States, it remains illegal to get an abortion in Oklahoma, unless it is to save the life of the mother. The state Supreme Court continues to ignore precedent set by federal and state law and keeps making political decisions outside their authority. Today’s decision is another example of why comprehensive judicial reform is needed sooner than later. In the meantime, it is important for Oklahomans to know that leaders in the legislature are committed to the right to life in Oklahoma.”

Sen. Julie Daniels, (R) Bartlesville: 

On Wednesday, a rogue Oklahoma Supreme Court, acting as self-appointed legislators, unleashed another attack on Oklahoma’s unborn children. The court also thumbed its nose at the Legislature and showed their contempt for the separation of powers. 

“These laws ensuring abortionists faced paying damages and the loss of their medical licenses was already precedent in other states, such as Texas. 

“Our court should have dismissed these two lawsuits last year. Instead, they ignored the fact that the government can’t be the defendant under these civil laws.  

“In both decisions, the majority said not one word about a right to life of the unborn child. This is a dangerous game the Supreme Court is playing in terms of judicial activism. It should be a wakeup call to my colleagues that we need to strongly consider legislative intervention to avoid any more erosion to pro-life measures, or any other pieces of legislation that the Oklahoma Supreme Court doesn’t like. 

“The Legislature had an opportunity to clarify our pro-life statutes this legislative session. SB 834 would have made language, including definitions and exceptions, consistent throughout our laws that could have thwarted this attack on the right to life in our state. We had a duty to use our legislative authority to act to protect unborn children from unelected pro-abortion justices. I am gravely disappointed and saddened that we stood silent. We still have options. We must work quickly. We must work together.” 

House Democratic Leader Cyndi Munson: 

"I am pleased to learn about today’s ruling from the Oklahoma Supreme Court that will keep healthcare decisions where they belong, between Oklahomans and their physicians. Oklahomans value their right to make their own decisions when it comes to healthcare for themselves and their families. House Democrats will continue to fight for the rights of all Oklahomans to live their lives free from government interference. 

As SB1503 and HB4327 advanced through the legislative process in 2022, House Democrats continually questioned their constitutionality. Today’s ruling is a reminder, for the supermajority in both chambers, that putting forth extremist legislation for partisan political points is a waste of taxpayer time and money. 

It is our job as legislators to focus on issues most important to Oklahomans – access to high-quality public education, affordable health care, employment that provides a living wage, and affordable housing – that will ensure they can thrive, not merely survive."